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1 | AN ACT in relation to fireworks.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Explosives Act is amended by | ||||||
5 | changing Sections 1003 and 2001 as follows:
| ||||||
6 | (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
| ||||||
7 | Sec. 1003. Definitions. As used in this Act:
| ||||||
8 | (a) "Person" means any individual, corporation, company, | ||||||
9 | association,
partnership, or other legal entity.
| ||||||
10 | (b) "Explosive materials" means explosives, blasting | ||||||
11 | agents, and detonators.
| ||||||
12 | (c) "Explosive" means any chemical compound, mixture or | ||||||
13 | device, the
primary or common purpose of which is to function | ||||||
14 | by explosion and includes
high or low explosives.
Manufactured | ||||||
15 | articles, including, but not limited
to, display fireworks as | ||||||
16 | defined in the Pyrotechnic Distributor and Operator Licensing | ||||||
17 | Act, fixed ammunition for small arms, fire crackers, safety | ||||||
18 | fuses, and
matches are not explosives when the individual units | ||||||
19 | contain explosives
in such limited quantity and of such nature | ||||||
20 | or in such packing that it is
impossible to produce a | ||||||
21 | simultaneous or a destructive explosion of such
units which | ||||||
22 | would be injurious to life, limb or property.
| ||||||
23 | (d) "Blasting agent" means any material or mixture | ||||||
24 | consisting of a fuel
and oxidizer intended for blasting, not | ||||||
25 | otherwise defined as an explosive,
provided that the finished | ||||||
26 | product, as mixed and packaged for use or
shipment, cannot be | ||||||
27 | detonated by means of a No. 8 blasting cap, as defined
by the | ||||||
28 | Bureau of Alcohol, Tobacco and Firearms, U.S. Department of
| ||||||
29 | Treasury, when unconfined.
| ||||||
30 | (e) "Detonator" means any device containing any initiating | ||||||
31 | or primary
explosive that is used for initiating detonation. A | ||||||
32 | detonator may not
contain more than 10 grams of total |
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| |||||||
1 | explosives by weight, excluding
ignition or delay charges.
| ||||||
2 | (f) "Highway" means any public street, public highway, or | ||||||
3 | public alley.
| ||||||
4 | (g) "Railroad" or "railway" means any public steam, | ||||||
5 | electric or other
railroad or rail system which carries | ||||||
6 | passengers for hire, but shall not
include auxiliary tracks, | ||||||
7 | spurs and sidings installed and primarily used in
serving any | ||||||
8 | mine, quarry or plant.
| ||||||
9 | (h) "Building" means and includes any building regularly | ||||||
10 | occupied, in
whole or in part, as a habitation for human | ||||||
11 | beings, and any church,
schoolhouse, railway station or other | ||||||
12 | building where people are accustomed to
assemble, but does not | ||||||
13 | mean or include any buildings of a mine or quarry
or any of the | ||||||
14 | buildings of a manufacturing plant where the business of
| ||||||
15 | manufacturing explosive materials is conducted.
| ||||||
16 | (i) "Factory building" means any building or other | ||||||
17 | structure in which the
manufacture or any part of the | ||||||
18 | manufacture of explosive materials is conducted.
| ||||||
19 | (j) "Magazine" means any building or other structure or | ||||||
20 | container, other
than a factory building, used to store | ||||||
21 | explosive materials. Where mobile
or portable type 5 magazines | ||||||
22 | are permissible and used, "magazine", for the
purpose of | ||||||
23 | obtaining certificates and calculating fees, means the site on
| ||||||
24 | which such magazines are located.
| ||||||
25 | (k) "Magazine keeper" means a qualified supervisory person | ||||||
26 | responsible
for the inventory and safe storage of explosive | ||||||
27 | materials, including the
proper maintenance of explosive | ||||||
28 | materials, storage magazines and
surrounding areas.
| ||||||
29 | (l) "Black powder" means a deflagrating or low explosive | ||||||
30 | compound of an
intimate mixture of sulfur, charcoal and an | ||||||
31 | alkali nitrate, usually
potassium or sodium nitrate.
| ||||||
32 | (m) "Municipality" includes cities, villages, and | ||||||
33 | incorporated towns
and townships.
| ||||||
34 | (n) "Fugitive from justice" means any individual who has | ||||||
35 | fled from the
jurisdiction of any court of record to avoid | ||||||
36 | prosecution for any crime or
to avoid giving testimony in any |
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| |||||||
1 | criminal proceeding. This term shall also
include any | ||||||
2 | individual who has been convicted of any crime and has fled to
| ||||||
3 | avoid imprisonment.
| ||||||
4 | (o) "Department" means the Department of Natural | ||||||
5 | Resources.
| ||||||
6 | (p) "Small arms" means guns of 50 calibers or less.
| ||||||
7 | (q) "Director" means the Director of Natural Resources.
| ||||||
8 | (r) "Storage certificate" means the certificate issued by | ||||||
9 | the Department
under Article 3 of this Act that authorizes the | ||||||
10 | holder to store explosive
materials in the magazine for which | ||||||
11 | the certificate is issued.
| ||||||
12 | (s) "License" means that license issued by the Department | ||||||
13 | under Article
2 of this Act authorizing the holder to possess, | ||||||
14 | use, purchase, transfer or
dispose of, but not to store, | ||||||
15 | explosive materials.
| ||||||
16 | (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
| ||||||
17 | (225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
| ||||||
18 | Sec. 2001. No person shall possess, use, purchase or | ||||||
19 | transfer explosive
materials unless licensed by the Department | ||||||
20 | except as otherwise provided
by this Act and the Pyrotechnic | ||||||
21 | Distributor and
Operator Licensing Act.
| ||||||
22 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
23 | Section 10. The Pyrotechnic Operator Licensing Act is | ||||||
24 | amended by changing Sections 1, 5, 10, 30, 35, 50, 65, 75, and | ||||||
25 | 90 and adding Section 57 as follows:
| ||||||
26 | (225 ILCS 227/1)
| ||||||
27 | Sec. 1. Short title. This Act may be cited as the | ||||||
28 | Pyrotechnic
Distributor and
Operator Licensing Act.
| ||||||
29 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
30 | (225 ILCS 227/5)
| ||||||
31 | Sec. 5. Definitions. In this Act:
| ||||||
32 | "Display fireworks" means
any substance or article defined |
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| |||||||
1 | as a Division
1.3G or 1.4
explosive by the United States | ||||||
2 | Department of Transportation under
49 CFR 173.50, except a | ||||||
3 | substance or article exempted under the Fireworks Use
Act.
| ||||||
4 | "Fireworks" has the meaning given to that term in the | ||||||
5 | Fireworks Use Act.
| ||||||
6 | "Lead pyrotechnic operator" means the individual with | ||||||
7 | overall
responsibility
for the safety, setup, discharge, and | ||||||
8 | supervision of a pyrotechnic display.
| ||||||
9 | "Office" means Office of the State Fire Marshal.
| ||||||
10 | "Person" means an individual, firm, corporation, | ||||||
11 | association,
partnership,
company, consortium, joint venture, | ||||||
12 | commercial entity, state,
municipality, or
political | ||||||
13 | subdivision of a state or any agency, department, or
| ||||||
14 | instrumentality of the
United States and any officer, agent, or | ||||||
15 | employee of these entities.
| ||||||
16 | "Pyrotechnic display" or "display" means the detonation, | ||||||
17 | ignition, or
deflagration of display fireworks to produce a | ||||||
18 | visual or audible effect of an
exhibitional nature before the | ||||||
19 | public, invitees, or licensees, regardless of
whether | ||||||
20 | admission is charged. | ||||||
21 | "Pyrotechnic distributor" means any person, company, | ||||||
22 | association, group of persons, or corporation who distributes | ||||||
23 | display fireworks for sale in the State of Illinois or provides | ||||||
24 | them as part of a pyrotechnic display service in the State of | ||||||
25 | Illinois.
| ||||||
26 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
27 | (225 ILCS 227/10)
| ||||||
28 | Sec. 10. License; enforcement. No person may act as a | ||||||
29 | pyrotechnic distributor or
lead pyrotechnic
operator, or | ||||||
30 | advertise or use any title implying that the person is a | ||||||
31 | pyrotechnic distributor or
lead
pyrotechnic operator, unless | ||||||
32 | licensed by the Office under this Act. An
out-of-state person | ||||||
33 | hired for or engaged in a pyrotechnic display must have a
| ||||||
34 | pyrotechnic distributor license issued by the Office and a
| ||||||
35 | person licensed under this Act as a lead pyrotechnic operator |
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| |||||||
1 | supervising the
display. The State Fire Marshal, in the name of | ||||||
2 | the People, through the
Attorney General, the State's Attorney | ||||||
3 | of any county, any resident of the
State, or any legal entity | ||||||
4 | within the State may apply for injunctive relief in
any court | ||||||
5 | to enjoin any person who has not been issued a license or whose
| ||||||
6 | license has been suspended, revoked, or not renewed, from | ||||||
7 | practicing a licensed
activity. Upon filing a verified
petition | ||||||
8 | in court, the court, if satisfied by affidavit, or otherwise, | ||||||
9 | that the
person is or has been practicing in violation of this | ||||||
10 | Act, may enter a
temporary restraining order or preliminary | ||||||
11 | injunction, without bond, enjoining
the defendant from further | ||||||
12 | unlicensed activity. A copy of the verified
complaint shall be | ||||||
13 | served upon the defendant and the proceedings are to be
| ||||||
14 | conducted as in other civil cases. The court may enter a | ||||||
15 | judgment permanently
enjoining a defendant from further | ||||||
16 | unlicensed activity if it is established
that the defendant has | ||||||
17 | been or is practicing in violation of this Act. In case
of | ||||||
18 | violation of any injunctive order or judgment entered under | ||||||
19 | this Section,
the court may summarily try and punish the | ||||||
20 | offender for contempt of court.
Injunctive proceedings are in | ||||||
21 | addition to all penalties and other remedies in
this Act.
| ||||||
22 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
23 | (225 ILCS 227/30)
| ||||||
24 | Sec. 30. Rules. The State Fire Marshal shall adopt all | ||||||
25 | rules necessary to
carry out its responsibilities under this | ||||||
26 | Act including rules concerning pyrotechnic distributors and
| ||||||
27 | rules requiring the
training, examination, and licensing of | ||||||
28 | lead pyrotechnic operators engaging in
or responsible for the | ||||||
29 | handling and use of
Division 1.3G (Class B) and 1.4
(Class C) | ||||||
30 | explosives. The pyrotechnic distributor's training program
| ||||||
31 | test shall incorporate the rules of the State Fire
Marshal, | ||||||
32 | which shall be based upon nationally recognized standards such | ||||||
33 | as
those of the National Fire Protection Association (NFPA) | ||||||
34 | 1123 guidelines for
outdoor displays and NFPA 1126 for indoor | ||||||
35 | displays. The Fire Marshal shall
adopt rules as required for |
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| |||||||
1 | the licensing of all pyrotechnic distributors and
a lead | ||||||
2 | pyrotechnic operators
operator
involved in an outdoor or indoor | ||||||
3 | pyrotechnic display.
| ||||||
4 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
5 | (225 ILCS 227/35)
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6 | Sec. 35. Licensure requirements and fees.
| ||||||
7 | (a) Each application for a license to practice under this | ||||||
8 | Act shall be in
writing and signed by the applicant on forms | ||||||
9 | provided by the Office. The Office
shall have the testing | ||||||
10 | procedures for licensing
as a lead pyrotechnic operator
| ||||||
11 | developed by October 1, 2004.
| ||||||
12 | (b) After April 1, 2005, all pyrotechnic displays, both | ||||||
13 | indoor and
outdoor, must comply with the requirements set forth | ||||||
14 | in this Act.
| ||||||
15 | (c) After April 1, 2005, no person
individual may engage in | ||||||
16 | pyrotechnic distribution without first applying for and | ||||||
17 | obtaining a license from the Office. Applicants for a license | ||||||
18 | must submit to the Office the following: | ||||||
19 | (1) A current BATFE license for distribution of display | ||||||
20 | fireworks. | ||||||
21 | (2) Proof of $1,000,000 in product liability | ||||||
22 | insurance. | ||||||
23 | (3) Proof of $1,000,000 in general liability | ||||||
24 | insurance. | ||||||
25 | (4) Proof of Illinois Worker's Compensation Insurance. | ||||||
26 | (5) A license fee of $5,000 for the issuance of a | ||||||
27 | pyrotechnic distributor's license. | ||||||
28 | (6) Proof of a current United States Department of | ||||||
29 | Transportation (DOT) Identification Number. | ||||||
30 | (7) Proof of a current USDOT Hazardous Materials | ||||||
31 | Registration Number. | ||||||
32 | (c-2) An applicant for a license as a pyrotechnic | ||||||
33 | distributor shall not be granted a license if the distributor | ||||||
34 | or any of its officers, if applicable, was convicted of a | ||||||
35 | felony in the 5 years preceding the date of the application. |
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| |||||||
1 | (c-5) After April 1, 2005, no individual may act as a lead | ||||||
2 | operator in a
pyrotechnic display without first applying for | ||||||
3 | and obtaining a lead pyrotechnic
operator's
license from the | ||||||
4 | Office. The Office shall establish separate licenses for
lead | ||||||
5 | pyrotechnic
operators for indoor and outdoor pyrotechnic | ||||||
6 | displays. Applicants for a
license must:
| ||||||
7 | (1) Pay the fees set by the Office.
| ||||||
8 | (2) Have the requisite training or continuing | ||||||
9 | education as
established
in the Office's rules.
| ||||||
10 | (3) Pass the examination presented by the Office.
| ||||||
11 | (d) A person is qualified to receive a license under this | ||||||
12 | Act if
the person
meets all of the following minimum | ||||||
13 | requirements:
| ||||||
14 | (1) Is at least 21 years of age.
| ||||||
15 | (2) Has not willfully violated any provisions of this | ||||||
16 | Act.
| ||||||
17 | (3) Has not made any material misstatement or knowingly | ||||||
18 | withheld
information in connection with any original or | ||||||
19 | renewal application.
| ||||||
20 | (4) Has not been declared incompetent by any competent | ||||||
21 | court by
reasons of mental or physical defect or disease | ||||||
22 | unless a court has since
declared
the person competent.
| ||||||
23 | (5) Does not have an addiction to or dependency on | ||||||
24 | alcohol or drugs that
is likely to endanger the public at a | ||||||
25 | pyrotechnic display.
| ||||||
26 | (6) Has not been convicted in any jurisdiction of any | ||||||
27 | felony within the
prior 5 years.
| ||||||
28 | (7) Is not a fugitive from justice.
| ||||||
29 | (e) A person is qualified to assist a lead operator if the | ||||||
30 | person meets
all of the
following minimum requirements:
| ||||||
31 | (1) Is at least 18 years of age.
| ||||||
32 | (2) Has not willfully violated any provision of this | ||||||
33 | Act.
| ||||||
34 | (3) Has not been declared incompetent by any competent | ||||||
35 | court by reasons
of mental or physical defect or disease | ||||||
36 | unless a court has since declared the
person
competent.
|
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| |||||||
1 | (4) Does not have an addiction to or dependency on | ||||||
2 | alcohol or drugs that
is likely to endanger the public at a | ||||||
3 | pyrotechnic display.
| ||||||
4 | (5) Has not been convicted in any jurisdiction of any | ||||||
5 | felony within the
prior 5 years.
| ||||||
6 | (6) Is not a fugitive from justice.
| ||||||
7 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
8 | (225 ILCS 227/50)
| ||||||
9 | Sec. 50. Issuance of license; renewal; fees nonrefundable.
| ||||||
10 | (a) The Office, upon the applicant's satisfactory | ||||||
11 | completion of
the
requirements imposed under this Act and upon | ||||||
12 | receipt of the requisite
fees, shall
issue the appropriate | ||||||
13 | license showing the name, address, and photograph of
the
| ||||||
14 | licensee and the dates of issuance and expiration. The license | ||||||
15 | shall include the name of the pyrotechnic distributor employing | ||||||
16 | the lead pyrotechnic operator. A lead pyrotechnic operator is | ||||||
17 | required to have a separate license for each pyrotechnic | ||||||
18 | distributor who employs the lead pyrotechnic operator.
| ||||||
19 | (b) Each licensee may apply for renewal of his or her | ||||||
20 | license upon
payment of the applicable
fees. The expiration | ||||||
21 | date and renewal period for each
license
issued under this Act | ||||||
22 | shall be set by rule. Failure to renew within 60 days of
the | ||||||
23 | expiration date
results in lapse of the license. A lapsed | ||||||
24 | license may not be reinstated until a
written
application is | ||||||
25 | filed, the renewal fee is paid, and the reinstatement fee
| ||||||
26 | established by the
Office is paid. Renewal and reinstatement | ||||||
27 | fees shall be waived for persons
who did not
renew while on | ||||||
28 | active duty in the military and who file for renewal or
| ||||||
29 | restoration
within one year after discharge from the service. A | ||||||
30 | lapsed license may not
be
reinstated after 5 years have elapsed | ||||||
31 | except upon passing an examination to
determine
fitness to have | ||||||
32 | the license restored and by paying the required fees.
| ||||||
33 | (c) All fees paid under this Act are nonrefundable.
| ||||||
34 | (Source: P.A. 93-263, eff. 7-22-03.)
|
| |||||||
| |||||||
1 | (225 ILCS 227/57 new)
| ||||||
2 | Sec. 57. Training; additional lead pyrotechnic operators. | ||||||
3 | No pyrotechnic distributor shall allow any person in the | ||||||
4 | pyrotechnic distributor's employ to act as a lead pyrotechnic | ||||||
5 | operator until the person has obtained a lead pyrotechnic | ||||||
6 | operator's license from the Office.
| ||||||
7 | (225 ILCS 227/65)
| ||||||
8 | Sec. 65. Grounds for discipline. Licensees subject to this | ||||||
9 | Act shall conduct
their practice in accordance with this Act | ||||||
10 | and the rules promulgated under this
Act. A licensee is subject | ||||||
11 | to disciplinary sanctions enumerated in this Act if
the State | ||||||
12 | Fire Marshal finds that the licensee is guilty of any of the
| ||||||
13 | following:
| ||||||
14 | (1) Fraud or material deception in obtaining or | ||||||
15 | renewing a license.
| ||||||
16 | (2) Engaging in dishonorable, unethical, or | ||||||
17 | unprofessional
conduct of a character likely to deceive, | ||||||
18 | defraud, or harm the public in
the course of professional | ||||||
19 | services or activities.
| ||||||
20 | (3) Conviction of any crime that has a substantial | ||||||
21 | relationship to his or
her practice or an essential element | ||||||
22 | of which is misstatement, fraud,
dishonesty, or conviction | ||||||
23 | in this or another state of any crime that is a
felony | ||||||
24 | under the laws of Illinois or conviction of a felony in a | ||||||
25 | federal court,
unless the licensee demonstrates that he or | ||||||
26 | she has been sufficiently
rehabilitated to warrant the | ||||||
27 | public trust.
| ||||||
28 | (4) Performing any service in a grossly negligent | ||||||
29 | manner or permitting
any lead pyrotechnic operator
| ||||||
30 | licensed employee to perform a service in a grossly | ||||||
31 | negligent manner,
regardless of whether actual damage or | ||||||
32 | damage to the public is established.
| ||||||
33 | (5) Addiction to or dependency on alcohol or drugs or | ||||||
34 | use of alcohol or
drugs that is likely to endanger the | ||||||
35 | public at a pyrotechnic display.
|
| |||||||
| |||||||
1 | (6) Willfully receiving direct or indirect | ||||||
2 | compensation
for any professional service not actually | ||||||
3 | rendered.
| ||||||
4 | (7) Having disciplinary action taken against his or her | ||||||
5 | license in
another state.
| ||||||
6 | (8) Making differential treatment against any person | ||||||
7 | to his or her
detriment because of race, color, creed, sex, | ||||||
8 | religion, or national origin.
| ||||||
9 | (9) Engaging in unprofessional conduct.
| ||||||
10 | (10) Engaging in false or misleading advertising.
| ||||||
11 | (11) Contracting or assisting an unlicensed person to | ||||||
12 | perform
services for which a license is required under this | ||||||
13 | Act.
| ||||||
14 | (12) Permitting the use of his or her license to enable | ||||||
15 | an unlicensed
person or agency to operate as a licensee.
| ||||||
16 | (13) Performing and charging for a service without | ||||||
17 | having the
authorization to do so from the member of the | ||||||
18 | public being served.
| ||||||
19 | (14) Failure to comply with any provision of this Act | ||||||
20 | or the rules
promulgated under this Act.
| ||||||
21 | (15) Conducting business regulated by this Act without | ||||||
22 | a currently valid
license in those circumstances where a | ||||||
23 | license is required .
| ||||||
24 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
25 | (225 ILCS 227/75)
| ||||||
26 | Sec. 75. Formal charges; hearing.
| ||||||
27 | (a) The Office may file formal charges against a licensee. | ||||||
28 | The formal
charges, at a minimum, shall inform the licensee of | ||||||
29 | the specific facts that are
the basis of the charge to enable | ||||||
30 | the licensee to defend himself or herself.
| ||||||
31 | (b) Each licensee whose conduct is the subject of a formal | ||||||
32 | charge that seeks
to impose disciplinary action against the | ||||||
33 | licensee shall be served notice of
the formal charge at least | ||||||
34 | 30 days before the date of the hearing. The hearing
shall be | ||||||
35 | presided over by the Office or a hearing officer authorized by |
| |||||||
| |||||||
1 | the
Office in compliance with the Illinois Administrative | ||||||
2 | Procedure Act. Service
shall be considered to have been given | ||||||
3 | if the notice was personally received by
the licensee or if the | ||||||
4 | notice was mailed
certified, return requested, to the licensee
| ||||||
5 | at
the licensee's last
known address as listed with the Office.
| ||||||
6 | (c) The notice of a formal charge shall consist, at a | ||||||
7 | minimum, of the
following information:
| ||||||
8 | (1) The time and date of the hearing.
| ||||||
9 | (2) A statement that the licensee may appear personally | ||||||
10 | at the
hearing and may be represented by counsel.
| ||||||
11 | (3) A statement that the licensee has the right to | ||||||
12 | produce witnesses
and evidence in his or her behalf and the | ||||||
13 | right to cross-examine witnesses and
evidence produced | ||||||
14 | against him or her.
| ||||||
15 | (4) A statement that the hearing can result in | ||||||
16 | disciplinary action
being taken against the
his or her
| ||||||
17 | license.
| ||||||
18 | (5) A statement that rules for the conduct of these | ||||||
19 | hearings exist and
that it may be in the licensee's
his or | ||||||
20 | her best interest to obtain a copy.
| ||||||
21 | (6) A statement that the hearing officer authorized by | ||||||
22 | the Office shall
preside at the hearing and, following the | ||||||
23 | conclusion of the hearing, make
findings of fact, | ||||||
24 | conclusions of law, and recommendations, separately
| ||||||
25 | stated, to the Office as to what disciplinary action, if | ||||||
26 | any, should be imposed
on the licensee.
| ||||||
27 | (7) A statement that the Office may continue the | ||||||
28 | hearing.
| ||||||
29 | (d) The Office or the hearing officer authorized by the | ||||||
30 | Office shall
hear evidence produced in support of the formal | ||||||
31 | charges and contrary evidence
produced by the licensee, if any. | ||||||
32 | If the hearing is conducted by a hearing
officer, at the
| ||||||
33 | conclusion of the hearing, the hearing officer shall make | ||||||
34 | findings of fact,
conclusions of law, and recommendations, | ||||||
35 | separately stated, and submit them to
the Office and to all | ||||||
36 | parties to the proceeding. Submission to the licensee
shall be |
| |||||||
| |||||||
1 | considered as having been made if done in a similar fashion as | ||||||
2 | service
of the notice of formal charges. Within 20 days after | ||||||
3 | the service, any party to
the proceeding may present to the | ||||||
4 | Office a motion, in writing, for a rehearing.
The written | ||||||
5 | motion shall specify the particular grounds for the rehearing.
| ||||||
6 | (e) The Office, following the time allowed for filing a | ||||||
7 | motion for
rehearing, shall review the hearing officer's | ||||||
8 | findings of fact, conclusions of
law,
recommendations, and any | ||||||
9 | motions filed subsequent to the hearing. After review
of the | ||||||
10 | information the Office may hear oral arguments and thereafter | ||||||
11 | issue an
order. The report of findings of fact, conclusions of | ||||||
12 | law, and recommendations
of the hearing officer shall be the | ||||||
13 | basis for the Office's order. If the Office
finds that | ||||||
14 | substantial justice was not done, it may issue an order in
| ||||||
15 | contravention of the hearing officer's findings.
| ||||||
16 | (f) All proceedings under this Section are matters of | ||||||
17 | public record and a
record of the proceedings shall be | ||||||
18 | preserved.
| ||||||
19 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
20 | (225 ILCS 227/90)
| ||||||
21 | Sec. 90. Penalties. Any natural person who violates any of | ||||||
22 | the
following
provisions is guilty of a Class A misdemeanor for | ||||||
23 | the first offense and a
corporation
or other entity that | ||||||
24 | violates any of the following provision commits a business
| ||||||
25 | offense
punishable by a fine not to exceed $5,000; a second or | ||||||
26 | subsequent offense in
violation of
any Section of this Act, | ||||||
27 | including this Section, is a Class 4 felony if
committed by a
| ||||||
28 | natural person, or a business offense punishable by a fine of | ||||||
29 | up to
$10,000 if
committed by a corporation or other business | ||||||
30 | entity:
| ||||||
31 | (1) Practicing or attempting to practice as a | ||||||
32 | pyrotechnic distributor or
lead pyrotechnic
operator
| ||||||
33 | without a license;
| ||||||
34 | (2) Obtaining or attempting to obtain a license, | ||||||
35 | practice or
business, or
any other thing of value by |
| |||||||
| |||||||
1 | fraudulent representation;
| ||||||
2 | (3) Permitting, directing, or authorizing any person | ||||||
3 | in one's
employ
or under one's direction or supervision to | ||||||
4 | work or serve as a
licensee if that
individual does not | ||||||
5 | possess an appropriate valid license.
| ||||||
6 | Whenever any person is punished as a repeat offender under | ||||||
7 | this
Section, the
Office may proceed to obtain a permanent | ||||||
8 | injunction against the person under
Section
10. If any person | ||||||
9 | in making any oath or affidavit required by this Act swears
| ||||||
10 | falsely,
the person is guilty of perjury and upon conviction | ||||||
11 | may be punished
accordingly.
| ||||||
12 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law. |